logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.05.21 2020노446
폭력행위등처벌에관한법률위반(상습특수상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of committing the instant crime.

However, in light of the following: (a) at the time of committing the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of committing the instant crime; (b) the amount of drinking alcohol of the Defendant; (c) the amount of the Defendant’s reputation; (d) the background leading up to committing the instant crime; (c) the means and method

did not appear to have existed in or weak condition.

Therefore, this part of the defendant's argument is without merit.

B. The lower court’s determination on the assertion of unfair sentencing is taking into account the following circumstances: (a) even if the Defendant had been punished more than ten times due to the crime of violence, there is a significant possibility of criticism in light of the same criminal power, criminal background, details, and result of the crime, such as leaving the victim’s face, the principal offender, without any justifiable reason, and going against the victim’s face; (b) the Defendant avoided legitimate enforcement of the law for a considerable period of time, such as avoiding the number of death immediately after the crime of this case, and arresting the police officer called out after being sobreaded for not less than one year; and (c) the victim wanting to punish the Defendant with severe physical or mental suffering from the instant physical and mental harm; and (c) taking into account the favorable circumstances that the Defendant stated that the Defendant is repenting while recognizing the crime of this case; and (c) taking into account all other factors indicated in the argument of the lower court, including the Defendant’s age, character and behavior, and family relation.

arrow